Latest Newsletters & Newsflashes
Oct 25, 2024Sustainable Finance Insights Series - 21 | The CSSF issues Circular CSSF 24/863 applying ESMA Guidelines on funds’ names using ESG or sustainability-related terms
On 21 October 2024, the CSSF issued a Communiqué regarding the ESMA Guidelines on funds’ names (the “Guidelines”) The CSSF issued already a Communiqué on 21 August 2024, announcing the publication of the translated Guidelines in all official EU languages and making their applicability effective from
Oct 24, 2024Company Law I Upgrading use of digital tools and processes
On 24 November 2023, Draft law No. 8342 (the “ Draft Law”) was submitted to the Luxembourg Parliament, completing the transposition of Directive (EU) 2019/1151 of 20 June 2019 (the “ Directive”) by integrating its Article 13 decies (the “ Article”) in Luxembourg Law. The Draft Law strengthens the
Oct 24, 2024Luxembourg Stock Exchange │ Updated Rules & Regulations & Trading Manual
The Luxembourg Stock Exchange (“ LuxSE”) has published on 2 September 2024: an updated version of its Rules and Regulations ( Edition 09/2024) (“ R&R”) an updated version of its Markets Trading Manual (“ Trading Manual”) as well as an updated version of the appendix on LuxSE’s professional segments
Oct 24, 2024DORA │ Latest Developments
Since our last newsletter in which we reported on the Digital Operational Resilience Act Regulation (EU) 2022/2554 (“ DORA”) and Directive (EU) 2022/2556 (the “ Directive”), in particular the enactment of the Luxembourg national law to transpose same, there have been several developments concerning
Oct 24, 2024MiFID II and MiFIR | ESMA updates
New Q&As Shortly after our last newsletter , in which we reported on recent developments in MiFID II and MiFIR, ESMA published a new Q&A on MiFID II and the topic of EMIR reporting. This Q&A clarified that derivatives on emission allowances not recognized under the EU ETS are included, in the
Oct 24, 2024Luxembourg RCS I Filing formalism: substantial changes and a new filing framework to be implemented as of 12 November 2024
Filings with the Luxembourg Trade and Companies Register (“ RCS”) must observe new substantial requirements and formalities as of 12 November 2024 (the “ Implementation Date”). Change of format of the RCS filing forms from offline PDF to online HTML In order to address the practical issues
Oct 24, 2024Unfair terms in focus I Key amendments to Luxembourg’s Consumer Code
On 10 September 2024, the Luxembourg Consumer Code was amended by a Law of 27 August 2024 (the " Amending Law"). The Consumer Code regulates, amongst other things, contracts concluded between professionals and consumers (i.e. natural persons who are acting for purposes outside of a commercial
Oct 23, 2024ECJ Case Law I Enforceability of legal professional privilege vis-à-vis tax authorities confirmed
In a case involving a Luxembourg law firm which had been ordered by the Luxembourg Tax Authorities to disclose all documentation relating to advice given to a client for the purpose of an exchange of information upon request with the tax authority of another EU Member State, the Luxembourg Higher
Oct 23, 2024Double tax treaty I Luxembourg – Colombia
Entry into force On 19 January 2024, the Grand Duchy of Luxembourg and the Republic of Colombia have signed a convention for the elimination of double taxation with respect to taxes on income and on capital and the prevention of tax evasion and avoidance (the “ DTT”). The ratification of the DTT is
Oct 23, 2024CbCR I Proposal of common template and electronic reporting formats
On 1 August 2024, the European Commission released a draft regulation to standardize multinational enterprises (“ MNEs”) income tax information for public Country-by-Country Reporting (“ CbCR”), as required by Directive 2013/34/EU. The proposal introduces a common template and electronic formats to
Oct 23, 2024Luxembourg Case Law I Application of the Saar laid down in Article 166(2bis) of the income tax law
On 31 July 2024, the Higher Administrative Court ( Cour administrative) applied for the very first time, the special anti-abuse provision laid down in Article 166(2bis) of the Luxembourg income tax law dated 4 December 1967, as amended (the “ LITL”) (case n° 49080C). Background In the case at hand
Oct 23, 2024Luxembourg Case Law I Clarification on the principle of adversarial proceedings for the tax audit
On 11 July 2024, the Higher Administrative Court ( Cour administrative ) delivered a significant ruling in a case between Mrs. (A) and the Direct Tax Administration (ACD), following a tax audit covering the fiscal years 2010 to 2015. After rejecting the claim regarding the territorial incompetence